TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 129

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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12.

2 HARE COURT

CONFIDENTIAL

Section 2 (3) of the Bill of Rights Ordinance states:

"In interpreting and applying this Ordinance, regard shall be had to the fact that the purpose of this Ordinance is to provide for the incorporation into the law of Hong Kong of provisions of the International Covenant on civil and Political Rights as applied to Hong Kong, and for ancillary and related matters".

The Immigration ordinance and the Basic Law

13. Prior to 1987, the only person who had an unrestricted

right to land in Hong Kong and who could not be deported in

any circumstances was a "Hong Kong belonger". The 1980

Immigration Ordinance defined this category as covering :

(a) A British subject who was born in Hong Kong.

(b)

(c)

(d)

A British subject by naturalisation in Hong Kong.

A British subject by registration in Hong Kong under

section 7(2) of the British Nationality Act 1948.

A British subject who is or has been married to, or is

the child of, a parson mentioned in paragraph (a), (b)

or (c).

14.

"Chinese residents" and "resident United Kingdom belongers"

also had a right to land, but could be deported in defined

circumstances. "Chinese resident" was defined to mean

"an immigrant who

(a)

is wholly or partly of Chinese race; and (b) has at any time been ordinarily resident for

continuous pariod of not less than 7 years".

"Resident United Kingdom belonger" was defined to mean

citizen of the United Kingdom and Colonies by reason of his

birth etc. in the United Kingdom who satisfied the same 7

year residential qualification.

7

CONFIDENTIAL

f

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